IN RE BARBER

No. 98-0090.

982 S.W.2d 364 (1998)

In re Velma BARBER, Relator.

Supreme Court of Texas.

Rehearing Overruled February 4, 1999.


Attorney(s) appearing for the Case

Sharon E. Callaway, Wallace B. Jefferson, San Antonio, Joseph Segrato, Vada L. Seward-Staha, McAllen, Edward C. Mainz, Jr., San Antonio, Lynn E. Coleman, McAllen, Thomas H. Crofts, Jr., San Antonio, for Relator.

Joe Ramirez, III, Joe Ramirez, Donna, Javier Villalobos, Jesus M. Villalobos, Justino Garza, Fidel Luis Pena, McAllen, for Respondent.


PHILLIPS, Chief Justice, delivered the opinion of the Court, in which GONZALEZ, HECHT, ENOCH, OWEN, ABBOTT and HANKINSON, Justices, join.

In the suit underlying this mandamus action, the trial court erroneously rendered a default judgment against the defendant, who in fact had timely answered. We must decide whether the trial court abused its discretion in determining that its plenary jurisdiction expired on September 12, 1996, because the parties' proposed agreed...

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